Free Paper Sample on The Environmental Challenges and Legislation

Introduction

In the book The Future of the International Environmental Law, the authors evaluate the effectiveness of the current international environmental regulations. They also discuss the significant environmental challenges that include climatic change, loss of biodiversity, pollution, and overfishing in the oceans. The book further assesses the primary challenges that affect countries' capability to implement biodiversity conservation (Leary and Pisupati, 2010, 42-48). It also explains the role of public participation and information for achieving good environmental governance. There is an assessment of lessons learned from implementing the current environmental laws for the past decades. This paper focuses on developing a response paper for The Future of the International Environmental Law.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

Environmental Challenges

The interesting part of the book is how Leary and Pisupati successfully introduce the international outlook on the environment in the first part to familiarize the readers with the topic to be discussed in the entire book (Leary and Pisupati 2010, 1-5). In my opinion, they effectively explain the various environmental challenges starting with the most significant to the least. Today, climatic change and loss of biodiversity continue to affect most countries. The article fails to provide clear steps that countries may adapt to develop environmental law. What effective steps then should countries take, to address the environmental challenges? Research shows that countries like the US have developed environmental legislation that includes the Clean Air Act, Climate change regulation, Clean Air Act, and Public Health Act to prevent environmental hazards (Fasoli and McGlone 2018, 35). The laws help in protecting the ecosystem and ensuring people live in a conducive environment. However, there are barriers to effectively solving the challenges.

Barriers

According to Leary and Pisupati (2010, 78), treaty congestion and failure to identify the link between the environmental aspects with international laws characterize the futility of the regulatory responses towards environmental degradation. I believe the explanation is straightforward. Why then, do countries fail to address these barriers? The authors should provide clear strategies to address the barriers. Research shows the emergence of international regimes involving interactions between the government and the non-governmental agencies, which continue to contribute to non-compliance (Telesetsky, Cliquet, and Akhtar-Khavari 2016, 86). However, the article failed in providing a prompt solution towards overcoming the barriers; thus, countries continue to experience environmental challenges, including climatic change and pollution, which have an adverse impact.

Impact of Climatic Change and Pollution

Powers successfully explains the international and local legal rules and barriers that impede the implementation of the required mechanisms in addressing the challenges (Leary and Pisupati 2010, 28). I believe it is an iron(Leary and Pisupati 2010, 28). y that nations cannot respond to an environmental issue in isolation. The author is successful in explaining the vulnerability of the developing island states. What effective measures should the countries adapt to solve the challenges, including floods, droughts, and desertification? I feel that the authors should have provided solutions to enable countries to solve one environmental challenge before others occur. There are claims that there are problems affecting the implementation of environmental measures in a country (Leary and Pisupati 2010, 30).

Problems

Shearing successfully analyzes the specific problems that affect countries' capability to develop and implement effective measures to conserve biodiversity (Leary and Pisupati 2010, 58). I believe the information is enlightening to the readers as it provides means through which the legal mechanisms can help in dealing with the ecological challenges (Vermeulen 2016). The concepts are new to me and change my outlook on how countries should solve environmental challenges. Countries should utilize suggestions to help in the effective implementation of environmental conservation policies.

Current Measures Taken by Countries

In informing the reader of the measures taken to solve the economic challenges, Shearing logically explains the legal framework for addressing biodiversity with a focus on the Convention for Biological Diversity policies (Leary and Pisupati 2010, 62). I find the case studies used enlightening regarding the existing international problems. Why then do national challenges continue to affect the implementation of the developed environmental conservation framework? I believe the author should have included proven measures for reclaiming biodiversity. The book, however, provides examples of a successful implementation of the environmental law.

The Success of Implementing the Environmental Law

Scovazzi effectively uses the case of the Mediterranean environment and the Barcelona system of marine pollution treaties to show the success of implementing the international environmental law (Leary and Pisupati 2010, 85). I found this part interesting, as the authors support their claims with well-known case studies. The description is vital in enlightening readers as it shows the importance of adapting the legal framework for environmental conservation. In today’s face of the rapidly evolving environmental challenges, the authors' appraisal is significant in informing the international policymakers on how to develop policies for success (Vermeulen 2016). It is also significant in guiding the enforcement of the law. The public should, however, be engaged in conserving the environment.

Recognition of Flaws in International Environmental Law

The book clearly presents valid and current case studies that detect the flaws of international environmental law. It also explains the ways in which legal mechanisms can effectively deal with global environmental challenges (Leary and Pisupati 2010, 120). I find the logic of the suggestion. It is also in line with the suggested steps by other sources that attempt to control pollution and the natural resources (Fasoli and McGlone 2018, 30). However, it should have provided specific examples to make the argument valid. I believe more case studies would have been effective in ringing a bell to nations lagging with the implementation of environmental law.

Conclusion

It is evident that international environmental law has a significant role in protecting citizens and society against environmental disasters. The book is helpful to the international environmental law as it provides insights that may be incorporated into the law. It is also important as it will enable nations to effectively adopt the recommended measures to help regain biodiversity and prevent further loss. Countries will be able to overcome various challenges in the implementation, as outlined in the book. I would, therefore, recommend anyone wishing to understand and solve the climatic changes to read the book. However, as the authors emphasize, developing excellent environmental governance for the international environmental challenges should go past the legal administrations.

Bibliography

Fasoli, Elena, and Alistair McGlone. "The Non-Compliance Mechanism Under the Aarhus Convention as ‘Soft’Enforcement of International Environmental Law: Not So Soft After All!." Netherlands International Law Review 65, no. 1 (2018): 27-53.
https://link.springer.com/article/10.1007/s40802-018-0102-0?shared-article-renderer

Leary, David, and Balakrishna Pisupati. The future of international environmental law. United Nations University Press, 2010:1-127.
https://collections.unu.edu/eserv/UNU:2518/ebrary9789280811926.pdf

Telesetsky, Anastasia, An Cliquet, and Afshin Akhtar-Khavari. Ecological restoration in international environmental law. Taylor & Francis, 2016: 80-200.
https://doi.org/10.4324/9781315757605

Vermeulen, Gert. "International environmental norms and standards: compliance and enforcement." The protection of the environment through criminal law. AIDP, 2016.
https://biblio.ugent.be/publication/8116294/file/8116296.